1% Club Terms and Conditions of Purchase
The Premium 1% Program Agreement (“Agreement”) is made between HeartCore Women d/b/a HeartCore Business (“HeartCore” or “We”) and the undersigned individual (“You”). HeartCore and You each acknowledge accept and agree to the following terms and conditions:
- Program Participation and Business Coaching Services. You will become a member of HeartCore’s 1% Club Program (“Program”) wherein Shanda Sumpter, Founder and President of HeartCore, will personally provide You with high level group business coaching to You over a 12-month period. The Program includes:
3 Open Office Hour Calls per month
1st Wednesdays of the month – 1:00 PM PST
2nd Wednesdays of the month – 1:00 PM PST
3rd Wednesdays of the month – 1:00 PM PST
2 SOS calls to schedule anytime during the year (with HCB board member)
2 Hour VIP session with the Heartcore board
Shanda joins for strategy portion
Full Access to Mentor Me Live
2 – 2 Day LIVE Masterminds + 1 – 1day Virtual Mastermind per year
Private 1% Dinner on day 1 of live Masterminds
We will not schedule any coaching calls from the 24th day of any month to the end of that month. HeartCore’s business coaching services are provided solely for Your commercial or business use
- Payment for the Program. The Program is a 12-month commitment between HeartCore and You. HeartCore agrees to provide the services described in Section 1 for 12 months. In exchange for these services, you agree and accept to make a pay in full payment or pay monthly over the payment plan chosen. You agree to remit each monthly payment to HeartCore via a pre-authorized automatic electronic debit to the credit card(s) specified by You. You agree to complete all payments, including the down payment, regardless of Your level of participation in the Program. If you roll your deposit into your monthly payments, then your monthly payment will include the deposit amount equaling to 1/12th of your down payment. No payment is refundable for any reason.
- Cancellation of the Program. If you fail to make any payment on time and fail to correct such missed payment within 30 days, or if You fail to make any two payments on time, HeartCore is permitted to cancel Your participation in the Program by providing written notice of cancellation to You at the email address provided by You in the Credit Card Authorization Form. If HeartCore cancels your participation in the Program, you will be entitled to a pro-rated refund of the unused portion of your payment. If you have completed your VIP day, no pro-rated refund will be given. HeartCore shall have no further obligations to perform under this Agreement following cancellation. IF YOU SIGN UP FOR THE PROGRAM ONLINE, THROUGH OUR WEBSITE OR WITH A COACH ONLINE, the purchase is final with no cancellation period. If you are not accepted into the 1% Club, your deposit will be fully refunded.
- HeartCore Does Not Guarantee Results. HeartCore is convinced You will derive great benefits from Your participation in the Program and is dedicated to helping You become as successful as You envision. However, HeartCore does not guarantee or represent in any way that You or Your business will attain a certain level of sales, profits, earnings, or any other metric of success, either in the short-term or long-term. Your and Your business’s success depends on many factors, including but not limited to Your personal motivation, Your time commitment, how effectively You implement the strategies taught in the Program, Your efficiency in following up on each phase of the Program, and the particular market and industry in which Your business operates. Your participation in this Program is an investment in You and Your business, and, as with most investments, there is potential for a great return on Your investment and risk there will be no return on Your investment. None of the stories shared or examples used in HeartCore’s materials, on its website, or during its calls or events is a guarantee of any particular result or success. HeartCore disclaims any express or implied promise or representation other than those contained in this Agreement.
- Confidentiality. You agree and accept that HeartCore’s methods, processes, and strategies taught in the Program are the sole and exclusive property of HeartCore and constitute a confidential proprietary system that is protected by law, including but not limited to copyright, trademark, and trade secret law. HeartCore’s system includes all materials associated with the Program and the related PACE Club Program, all business coaching strategies We teach, and all associated coaching advice. You agree to maintain the confidential nature of the Program and its related materials, strategies, and advice, and You agree not to duplicate, disseminate, distribute, or otherwise disclose any part for any reason to third parties unless such disclosure (i) is part of the Program, (ii) is required by valid legal process (whereby You agree to provide prompt written notice of such legal process to HeartCore so that We can take appropriate legal action to protect HeartCore’s interests), or (iii) concerns matters or materials that have lawfully become part of the public domain. You further agree that any violation of the terms of this Section 5 will cause substantial and irreparable harm to HeartCore and that HeartCore is entitled to seek any form of legal redress available, which may include injunctive relief and substantial damages.
- Termination from Program. You agree and accept that HeartCore may terminate You from the Program by providing You with written notice of termination if We determine in our discretion that You are conducting Yourself or Your business in a manner that is disparaging or disruptive to HeartCore, that infringes upon HeartCore’s intellectual property or other rights, or that violates the confidentiality provisions set forth in Section 5. We may also terminate You from the Program if you do not meet two quarterly goals as stated in your Quarterly Focus Plan document. Termination under this Section 6 does not constitute cancellation, and all payments under Section 2 shall immediately become due and payable upon termination.
- Advice Not Given. You agree and accept that the Program is not intended to and does not provide You or You business with any legal, tax, financial, or accounting advice.
- Use of Likeness. You agree and accept that HeartCore is authorized to record, photograph, or otherwise capture Your likeness, voice, images, interviews, and statements made in connection with Your participation in the Program (except for private coaching sessions) for HeartCore’s own use. You hereby assign to HeartCore all rights, title, and interest to have and to use, royalty free, any such likeness or portion of Your participation in the Program for advertising, marketing, documentary, informational, training, or any other lawful purpose.
- Arbitration Agreement. HeartCore and You each agree and accept that any dispute arising out of or related to this Agreement or the Program shall be submitted to binding arbitration and heard by a single arbitrator. Arbitration shall be conducted on an individual basis and not on a class, representative, or consolidated basis. By agreeing to binding arbitration, HeartCore and You are each giving up the right to have any claims against the other that already exists or may exist in the future considered by a court or a jury. The arbitrator shall be provided by JAMS, which makes its rules and terms of arbitration available at www.jamsadr.com, and shall be selected by mutual agreement. Either HeartCore or You may initiate arbitration by giving written notice of arbitration to the other and filing a demand for arbitration with JAMS. If an arbitrator is not selected within 30 days of the date the demand for arbitration is filed, then JAMS is authorized to select a neutral and independent arbitrator, which decision shall be final and conclusive. The arbitrator is authorized to issue any form of relief authorized by applicable law, including injunctive relief, declaratory relief, and damages. The prevailing party in any dispute shall be entitled to recover all costs and attorney’s fees incurred in connection with arbitration (including any costs and attorney’s fees incurred in court seeking to compel arbitration) to the fullest extent allowed by law. The arbitration shall be conducted in Orange County, California, unless otherwise required by law.
- Entire Agreement. The terms of this Agreement constitute the entire agreement between HeartCore and You and supersede any prior or contemporaneous written, oral, or implied agreement related to the Program. If any portion of this Agreement is unenforceable, such portion shall be severed and the remainder of this Agreement shall be fully enforceable.
11. Governing Law. The construction, interpretation, and application of the terms of this Agreement are governed by the laws of the State of California, without regard to its conflict of law rules.